Social sciences

Proportional representation in elections is a more effective way for gay men and lesbians to become represented in political bodies than district elections. District elections, in effect in most jurisdictions, only provide representation to minority groups that are geographically concentrated. The West Village-Chelsea in New York did manage to demonstrate such concentration, but most gays and lesbians live in neighborhoods that could not demonstrate majority-minority status. Proportional representation will allow voters to elect candidates that represent minority interests.

The US Supreme Court's decision in Romer v. Evans will provide some opportunities to challenge the barriers to gay and lesbian anti-discrimination litigation imposed by Bowers v. Hardwick. The Court still employed the rational basis test to assess legislation adversely affecting gay men and lesbians, but it identified factors that suggested the need for more pointed scrutiny. Legislation that is unusual and singles out lesbians and gay men will have to be justified by some rationale other than a state interest in restricting gay and lesbian conduct.